Agenda item

To consider the Corporate Manager - Legal’s Report No. LEG2101 (copy attached) on a draft new Code of Conduct for Councillors for consultation in light of the new Model Councillor Code of Conduct produced by the Local Government Association. 

The Committee considered the Monitoring Officer’s Report No. LEG2101, which recommended the approval of a draft new Code of Conduct for Councillors for a six-week period of consultation with Councillors, members of the public, community organisations and neighbouring authorities.  Following the consultation exercise, a final draft new Code would then be considered by the Committee on 29th March 2021 for recommendation for adoption by the full Council at the meeting on 22nd April 2021.

The Report advised Members that the current Code of Conduct for Councillors required updating and being consulted upon in line with the best practice recommendations of the Committee on Standards in Public Life following their report into Ethical Standards in Local Government.  A new Model Councillor Code of Conduct had been produced by the Local Government Association, designed to protect a councillor’s democratic role, encourage good conduct and safeguard the public’s trust in local government.  The new draft Code also sought to reassure members of the public that those they elected would be accountable in meeting the behaviours set out in the Seven Principles of Public Life and taking decisions in a fair and transparent way. 

Rushmoor’s draft new Code of Conduct for Councillors, as set out in the Report, mirrored the Local Government Association’s Model Code and had been produced for consideration and consultation in order to finalise a new Code for adoption by the Council. 

The Committee was advised that the draft new Code applied to all forms of communication and interaction, including social media communications.  The draft Code set out the minimum standards of conduct required of councillors with guidance on the reasons for the obligations and how they should be followed.  If a councillor’s conduct fell short of these standards it was made clear that, on receipt of any complaint, this might result in action being taken.  The obligations included:

·         treating others with respect

·         not bullying or harassing anyone

·         the promotion of equalities

·         not attempting to compromise the impartiality of anyone working for, or on behalf of, the Council

·         confidentiality

·         not using knowledge gained solely as a result of being a councillor for the advancement of self or others

·         not preventing anyone from getting information they were entitled to by law

·         not bring role of the Council into disrepute

·         not use or attempt to use the position of councillor improperly to the advantage/disadvantage of themselves or others

·         not misuse Council resources

·         undertake training on the Code

·         co-operate with any investigation under the Code

·         register and disclose interests

·         disclose gifts and hospitality with a value of over £50 within 28 days of receipt and register any significant gift or hospitality offered but that has been refused

In respect of the registration and disclosure of interests, the new Code maintained the legal requirement within 28 days of election or re-election to register Disclosable Pecuniary Interests in accordance with The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012.  There was also a requirement to register the details of other personal interests.  The new Code set out a list and description of these types of interest and also the implications of the existence of such interests in relation to a councillor taking part in any discussion or decision making on a matter in which they have any interest.   It was noted that the new draft Code simplified the description and impact of personal interests and did not contain reference to the concept of ‘prejudicial interests’, in so doing removing the requirement to apply an additional subjective test. 

RESOLVED:  That

(i)            the draft new Code (as set out in the Report) be agreed for public consultation;

(ii)          approval be given to a six-week period of consultation on the draft new Code with Councillors, members of the public, community organisations and neighbouring authorities;

(iii)         following the period of public consultation, a report be brought to the Committee with a final new draft Code for consideration and recommendation to the Council for adoption, if appropriate.